IN THE CASE OF: BOARD DATE: 26 May 2021 DOCKET NUMBER: AR20210007619 APPLICANT REQUESTS: * upgrade of under honorable conditions (general) discharge to honorable * in effect, change his narrative reason for discharge APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * self-authored letter * DD Form 214 (Certificate of Release or Discharge from Active Duty) FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10 (Armed Forces), United States Code (USC), section 1552 (b) (Correction of Military Records: Claims Incident Thereto). However, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant, in his application and self-authored letter, states: a. He was discharged from the Army on 14 October 1987 with an under honorable conditions (general) discharge. He was never informed he could have rejoined the military after a specific time. b. At his discharge hearing there was no mention to him that he could return back into the military and pursue a different military occupational specialty (MOS). For 31 years, he's had a shameful and degrading character of service which was an under honorable conditions (General) for drug use/misconduct. c. He feels the discharge certificate has cost him various employment opportunities due to the labeling of drug abuse. He has been without drugs for over 30 years. d. His drug abuse was caused by a very bad marriage to another service member who was unfaithful to their marriage. He requests his DD Form 214 be upgraded to an honorable discharge. His separation board never told him he could return to the Army. e. It has been a long road of shame and employment disappointments for him and his family. No one ever told him he could have proceeded with requesting an upgrade until in 2018. Even as of the month he submitted his application, he lost out on employment opportunities. f. He asks the Board to assist him in removing his DD Form 214, which reads misconduct - drug abuse. He is constantly being judged even to this day by potential employers as they read his DD Form 214. 3. On 29 December 1978, the applicant joined the U.S. Army Reserve (USAR) delayed entry program (DEP) for a period of 6 years. On 25 September 1979, the applicant was discharged from the USAR DEP and enlisted in the Regular Army for a period of three years. 4. The applicant received seven letters of commendation, appreciation, and recognition on: * 16 January 1980, for being selected by his peers for contributing the most teamwork, morale, and esprit de corps in his platoon * 17 January 1980, for outstanding academic performance * 24 July 1980, for his selection as Honor Trainee * 23 July 1980, for receiving the Soldiers Award * 9 February 1981, for his outstanding duty performance as a member of his unit * 1 August 1981 to 4 October 1982, for contributions to the successful accomplishment of his unit's mission * 8 December 1981, for his outstanding performance during the in ranks inspection for his unit 5. The applicant received the Army Good Conduct medal for exemplary behavior, efficiency, and fidelity service from: * 25 September 1979 through 24 September 1982, 1st Award * 30 September 1982 to 29 September 1985, 2nd Award 6. On 27 September 1982, he reenlisted in the Regular Army. 7. He received the Army Achievement Medal for the period of 7 November 1982 to 1 April 1984 for meritorious achievement. 8. On 25 November 1986, he extending in the Army for a period of 6 months. 9. On 19 June 1985, he received a Certificate of Achievement for outstanding achievement during a field training exercise from 26 February 1981 through 10 March 1985. 10. On 1 December 1986, he was promoted to the rank of Staff Sergeant (SSG). 11. On 14 April 1987, the applicant accepted nonjudicial punishment for wrongful possession of hashish on two occasions, wrongful use of hashish on two occasions, wrongful possession of cocaine, and wrongful use of cocaine. His punishment included reduction to the rank of Sergeant (SGT). He did not appeal his punishment. 12. The applicant's complete separation package was not available for the Board's consideration; however, on 14 July 1987, the battalion commander concluded a board of officers would be convened to determine whether the applicant should be separated under the provisions of Army Regulation 635-200 (Personnel Separation - Enlisted Personnel) chapter 14 for misconduct. On the same day, a board of officers was appointed for the applicant's separation and he was notified of the separation board. The applicant acknowledged receipt of the notification of the separation board. 13. On 9 August 1987, a board of officers convened the separation board. They found the applicant used hashish on two occasions thus violating the sacred trust given to a noncommissioned officer and his actions had eliminated all potential for assignment to increasing positions of responsibility. The board recommended the applicant be released from active duty under the provisions of paragraph 14-12 Army Regulation 635-200 and be issued an under honorable conditions (general) discharge certificate. 14. On 15 September 1987, the separation authority approved the separation board's recommendation and directed the applicant's under honorable conditions(general) discharge. On 14 October 1987, the applicant was discharged accordingly. His DD Form 214 showed he completed 8 years and 20 days of active duty service. He was awarded or authorized the: * Army Service Ribbon * Overseas Service Ribbon * Army Achievement Medal * Noncommissioned Officer Professional Development Ribbon * Army Good Conduct Medal 3d Award * Expert Marksmanship Badge M16 Rifle Bar * Sharpshooter Marksmanship Badge Hand Grenade Bar 15. Army Regulation 635-200, stated commanders were to consider for elimination from military service those Soldiers who abused illegal drugs, and were required to process all first time offenders in the grades of E5 through E9. 16. Army Regulation 635-5 (Separation Documents) states for DD Form 214, item 28, enter the reason for separation shown in accordance with Army Regulation 635-5-1 based on the regulatory or statutory authority. 17. Army Regulation 635-5-1 (Separation Program Designators (SPD)) Interim Change Number IO1, states for the Authority Army Regulation 635-200, chapter 14-12c the reason should read ?Misconduct - Drug Offense? and the SPD ?JKK.? 18. In reaching its determination, the Board can consider the applicant's petition, his service record, and his statements in light of the published guidance on equity, injustice, or clemency. BOARD DISCUSSION: The Board carefully considered the applicant's request, evidence in the records, and published Department of Defense guidance for consideration of discharge upgrade requests. The Board considered the applicant's statement, his record of service, the frequency and nature of his misconduct, the reason for his separation, and whether to apply clemency. The Board found insufficient evidence of in-service mitigating factors and the applicant provided no evidence of post-service achievements or letters of reference in support of a clemency determination. Based on a preponderance of evidence, the Board determined the character of service the applicant received upon separation was not in error or unjust. The Board concurs with the corrections described in Administrative Note(s) below. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: Other than the corrections addressed in Administrative Note(s) below, the Board determined the evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are otherwise insufficient as a basis for correction of the records of the individual concerned. I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ADMINISTRATIVE NOTE(S): The applicant's DD Form 214 is missing administrative notes that may negatively affect his ability to obtain Veterans benefits. Correct the applicant's DD Form 214 by adding the following statement to item 18 (Remarks): * Soldier has completed first full term of service * Continuous honorable active service from 790925 – 820916 REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-200, in effect at the time, prescribed policies and procedures for enlisted administrative separations. a. An honorable discharge was a separation with honor. The honorable characterization was appropriate when the quality of the Soldier's service generally met the standards of acceptable conduct and duty performance. b. Paragraph 14-12c(2) applied to Soldiers who had committed a serious military or civilian offense where the specific circumstances warranted separation and the UCMJ authorized a punitive (i.e. bad conduct or dishonorable) discharge. Commanders were to consider for elimination from military service those Soldiers who abused illegal drugs, and were required to process all first time offenders in the grades of E5 through E9. 3. The Manual for Courts-Martial, United States 1984, Table of Maximum Punishments showed Article 112a (Wrongful Use, Possession, etc. of Controlled Substances) included both the dishonorable and bad conduct discharge as punishments. 4. Army Regulation 635-5 (Separation Documents) states for DD Form 214, item 28, enter the reason for separation shown in accordance with Army Regulation 635-5-1 based on the regulatory or statutory authority. 5. Army Regulation 635-5-1 (Separation Program Designators (SPD)) Interim Change Number IO1, states for the Authority Army Regulation 635-200, chapter 14-12c the reason should read ?Misconduct - Drug Offense? and the SPD ?JKK.? 6. On 25 July 2018, the Under Secretary of Defense for Personnel and Readiness issued guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records (BCM/NRs) regarding equity, injustice, or clemency determinations. Clemency generally refers to relief specifically granted from a criminal sentence. BCM/NRs may grant clemency regardless of the type of court-martial. However, the guidance applies to more than clemency from a sentencing in a court- martial; it also applies to other corrections, including changes in a discharge, which may be warranted based on equity or relief from injustice. This guidance does not mandate relief, but rather provides standards and principles to guide Boards in application of their equitable relief authority. In determining whether to grant relief on the basis of equity, injustice, or clemency grounds, BCM/NRs shall consider the prospect for rehabilitation, external evidence, sworn testimony, policy changes, relative severity of misconduct, mental and behavioral health conditions, official governmental acknowledgement that a relevant error or injustice was committed, and uniformity of punishment. Changes to the narrative reason for discharge and/or an upgraded character of service granted solely on equity, injustice, or clemency grounds normally should not result in separation pay, retroactive promotions, and payment of past medical expenses or similar benefits that might have been received if the original discharge had been for the revised reason or had the upgraded service characterization. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210007619 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20210007519 7 ABCMR Record of Proceedings (cont) AR20210007519 6